A/HRC/48/28 17. Maldives 85. The case of the Maldives Human Rights Commission was included in the 2015 report of the Secretary-General193 following the Supreme Court’s judgement that found the Commission’s report to the 2014 UPR of the Maldives unlawful. The High Commissioner for Human Rights and the Special Rapporteur on the independence of judges and lawyers publicly expressed concerns about the decision.194 In 2015, the Supreme Court alleged that the Commission had committed 20 unlawful acts by stating, in its 2014 UPR report, that the judiciary of the Maldives was controlled by the Supreme Court. It accused the Commission of committing acts against national security and interests, and of unlawfully disseminating information and reports in the name of the State to foreign bodies in violation of the Constitution and the Judicature Act. The Supreme Court requested the Commission to abide by 11 guidelines according to which it must, inter alia, refrain from undermining peace, security, and order. 86. In its 19 February 2021 Views, the UN Human Rights Committee recognized the context and forum in which the criticism of the Supreme Court was made, i.e., in a written report submitted to the UPR (CCPR/C/130/D/3248/2018, para. 87). It stated that “the allegations and findings of unlawful acts and guidelines issued by the Supreme Court constituted disproportionate limitations” (para. 8.9) on the Commission’s freedom of expression, and “were not necessary to achieve a legitimate aim within the meaning of article 19 (3) of the Covenant” (para. 8.9). The Committee further noted the “harsh allegations, findings and guidelines restricted the ability of the Commission, including its members, to seek, receive and impart information and ideas, and may have created a chilling effect” (para. 7.4).195 87. The case of human rights organization Maldivian Democracy Network (MDN) was included in the 2018 report of the Secretary-General196 on allegations of an investigation following participation by its members in an NGO side event in the margins of the June 2017 Human Rights Council, and for the exercise of their freedom of expression on Twitter (MDV 3/2018).197 Some of the below updates on the situation of the MDN and its members were not reported previously due to fear of further retaliation at the time. 88. On 7 November 2019, special procedures mandate holders addressed the Government’s decision to dissolve the MDN following the 2016 publication of a report on radicalization on its website. They also raised concern about the online harassment, intimidation, threats and death threats against its members, including Ms. Shahindha Ismail, Ms. Azra Naseem, and Mr. Mushfiq Mohamed (MDV 1/2019). On 15 January 2020, the Government responded, stating that the decision to dissolve the NGO was not reached arbitrarily but after completion of due process, including a thorough and impartial investigation concluding that the report had content that intentionally sought to mock the tenets of Islam. The Government highlighted its renewed efforts in combatting religious extremism in its quest to maintain a modern liberal society while balancing religious values.198 According to information received by OHCHR, in August 2020, the MDN filed a suit against the reportedly arbitrary closing of its organization at the Maldives Civil Court. As of May 2021, the case was ongoing. 89. It was reported to OHCHR that, following the MDN’s presentation of a joint submission to the November 2020 UPR of the Maldives,199 the NGO and some of its members were the target of another coordinated media and on-line vilification campaign, including 193 194 195 196 197 198 199 A/HRC/39/41, Annex I, paras. 30-31. https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16106&LangID=E#:~:te xt=GENEVA%20(19%20June%202015)%20%E2%80%93,the%20UN%20human%20rights%20syst em.%E2%80%9DOHCHR; https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16101. https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/MDV/CCPR_C_130_D_3248_201 8_32363_E.docx. A/HRC/39/41, para. 55 and Annex I paras. 71–72. https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=34216. https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=35112. https://uprdoc.ohchr.org/uprweb/downloadfile.aspx?filename=7986&file=EnglishTranslation. 67